The Difference Between a DA and CDC: Approval Pathways in NSW

What is a Development Application (DA)?

A Development Application (DA) is the more common approval process for renovations, extensions, or new builds in NSW. It’s a formal application submitted to your local council, and it’s required for developments that don’t comply with the specific standards set out in the planning regulations for Complying Development (more on that below).

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The DA process typically involves:

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• Design and Documentation: A detailed set of plans and documents is prepared, which typically includes architectural drawings, a Statement of Environmental Effects (SEE), and other supporting documents such as heritage reports, shadow diagrams, or arborist reports. These vary depending on your council’s requirements and the complexity of the project.
• Submission to Council: Once your DA is prepared, it’s submitted to your local council, where it will be reviewed against local planning controls, such as the Local Environmental Plan (LEP) and the Development Control Plan (DCP).
• Public Notification: Most DAs are subject to public notification, meaning your neighbours will be informed of your proposed development and have an opportunity to raise objections or support the project.
• Assessment and Approval: The council will assess your DA based on factors such as height limits, setbacks, floor space ratio (FSR), and any potential impacts on neighbours (e.g., overshadowing or privacy). The council may ask for revisions or additional documentation before approving your application.
• Approval and Conditions: If approved, the DA will come with a set of conditions that must be met during construction. For example, you may need to adhere to specific building materials or adjust the design to reduce impacts on neighbouring properties.

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What is a Complying Development Certificate (CDC)?

A Complying Development Certificate (CDC) is a faster approval pathway for developments that meet a strict set of predetermined criteria. Complying development is a combined planning and construction approval process, which can be signed off by either a private certifier or the council. Unlike a DA, complying development doesn’t require public consultation.

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The CDC process typically involves:

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• Design and Documentation: You’ll need to submit architectural plans and documents, but these are generally simpler than those required for a DA because the project must strictly comply with the relevant standards.
• Submission to Certifier: Instead of submitting the application to the council, you can hire a private certifier (or submit it to the council if you prefer) to assess whether the proposed development complies with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
• Assessment and Approval: If the project meets the specific criteria, the certifier can approve the CDC quickly. This process can often be completed within 20 days, making it significantly faster than a DA. The role of the private certifier is to ensure that the project complies with all necessary regulations without the need for council intervention, expediting the approval process.

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When is a DA Required?

• Non-Compliant Projects: A DA is necessary if your project doesn’t meet the strict requirements of a CDC (see below).
• Heritage Properties: If your property is located in a heritage conservation area or is heritage-listed, a DA is usually required to ensure the proposed works are sympathetic to the existing building and streetscape.
• Complex Sites: Projects involving steeply sloping blocks, flood zones, or bushfire-prone areas often require a DA due to the site-specific constraints that need more detailed assessment.
• Small Sites: Sites with a lot area under 200m² or with a lot width of less than 6m (measured at the building line) are not eligible for CDC.

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Key Differences Between DA and CDC

• Process Length: A CDC is faster, often taking a matter of weeks, whereas a DA can take several months due to council reviews and potential consultations.
• Project Scope: A DA covers more complex projects with unique conditions, while a CDC applies to standard, compliant developments.
• Consultation: DAs involve community feedback, while CDCs do not require neighbour consultation.
• Flexibility: DAs provide more flexibility for design and site-specific conditions, while CDCs are more rigid with set criteria.
• Documentation Differences: DAs often require more extensive documentation, including environmental impact assessments, shadow diagrams, and heritage reports. CDCs, on the other hand, typically require simpler documentation, provided the project meets the strict criteria.
• Rules: DAs follow the Local Environmental Plans (LEP) and Development Control Plans (DCP), which are council specific. Some councils have multiple LEPs or DCPs if they previously combined multiple smaller councils into one larger council. CDC follows one set of state-wide controls, so the rules are the same for everyone.

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How to Choose Between a DA and CDC?

Deciding whether to pursue a DA or CDC depends on several factors, including the scope of your renovation, the location of your property, and how closely your design adheres to the applicable planning rules.

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While we often have clients coming to us preferring to go through a CDC, and while we will do our best to guide the project design to comply, sometimes either the site itself or specific items on the client's wishlist force the project through a DA.

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Post-Approval: What Comes Next?

Once a DA or CDC is approved, it’s important to understand what comes next. CDC’s can move straight to construction, however for projects that have achieved an approved DA the next step is securing a Construction Certificate (CC). A CC ensures that your project complies with the Building Code of Australia and other technical standards. For the CC you can apply for it from either the council or a private certifier and it is much faster than a DA. 

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Starting construction without a CC can lead to fines and legal action, so it’s essential to complete this step before work begins.

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Frequently Asked Questions

• Can I change my project after a DA or CDC has been approved?
  Yes, but any changes may require a formal modification of the original approval. For a DA, this means submitting an application for modification (Section 4.55) to the council. For a CDC, changes would need to be reassessed by the certifier to ensure they still meet the complying development standards.
• Do I need both a DA and CDC for the same project?
  No, you only need one type of approval. If your project qualifies for a CDC, you can bypass the DA process. However, if it doesn’t meet the CDC criteria, you will need to go through the DA process instead. If a project can be majority approved under CDC with only a small portion (e.g. a balcony) needing a DA, you can get two approvals. A certifier can approve the bulk of the project, then the remaining items can be lodged as a DA. While this can cost more (doubling up on drawings and documentation), it can be a great way to get to construction faster.
• Can I start construction before my DA or CDC is approved?
  No, construction cannot commence until the DA or CDC is formally approved. If construction begins without approval, the council may issue fines, and you could be required to demolish any unapproved work. If you are going the DA route, you will also need a Construction Certificate (CC) before construction can begin.

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Conclusion

Choosing between a DA and CDC can feel overwhelming, but understanding the differences and knowing which option applies to your project can make the process much smoother. 

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At Banksia Building Design, we’re here to guide you through the approval process, whether it’s a simple renovation that qualifies for a CDC or a more complex project requiring a DA. Our expertise in navigating local council requirements ensures your project will meet the necessary standards and progress without unnecessary delays.